Tennessee State House lawmakers advanced legislation that would upgrade the severity of charges levied against all hit-and-run offenders, with the harshest penalties against drivers accused of leaving the scene of an accident where they knew, or should have reasonably known, that a person was killed.
The James Bardsley Life Protection Act, submitted as HB 1521 by State Representative Robert Stevens (R-Smyrna), and SB 1736 by State Senator Dawn White (R-Murfreesboro), would increase the penalty for leaving an accident that resulted in injury from a Class A Misdemeanor to a Class E Felony. Those found guilty would face between one and six years in prison, as well as a fine of up to $3,000.
For offenders who leave the scene of an accident where a person died, the legislation would see charges upgraded from a Class E felony to a Class D felony, which carries a two-to-12-year prison sentence, and a fine of up to $5,000.
James Bardsley Jr., 19, was killed in September 2021 by a hit-and-run driver in Rutherford County. According to a petition created by his mother, Kim Webb, the driver was convicted, but “served just a few months in jail” because there is no specific penalty for drivers who flee the scene of fatal accidents in Tennessee.
Webb described this as a “legal loophole,” which “actively incentivizes drivers to flee—often drunk, impaired, or unlicensed—because the punishment for leaving the scene is less than the potential consequences of staying.”
It also notes that Davidson County reported 85 fatal hit-and-run crashes between 2018 and 2022, while Shelby County reported 164 during that time frame.
“Anyone who leaves the scene of an accident, especially when someone is seriously injured or dying, should face serious consequences,” Stevens said in a statement on Wednesday. “This bill ensures drivers who flee cannot simply walk away from the harm they cause. I am honored to carry this bill on behalf of a local mother who turned an unimaginable loss into a push for stronger laws.”
White added, “When someone chooses to leave the scene of a serious accident, they are abandoning a victim at a moment when every second matters.”
He added, “This legislation strengthens accountability and makes it clear that fleeing after causing injury or death will carry serious consequences in Tennessee.”
In the State Senate, the bill is also sponsored by Senator Kerry Roberts (R-Springfield), who WSMV 4 reported met with Webb last year to discuss the bill.
“Within 10 minutes, he was saying yes. It’s just something that’s needed,” Webb said, according to the outlet.
The State House Criminal Justice Subcommittee advanced the bill on Wednesday, advancing it to the Judiciary Committee for further consideration. The State Senate Judiciary Committee advanced its version to the Finance, Ways, and Means committee on March 9.
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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
